Supreme Court of North Carolina September 19, 1934 (Reed v. Carolina Mortgage Co.)

ClaRKSON, J.

Is the judgment in the court below correct? We think so. The pendency of another suit as a ground of abatement may be taken advantage of by demurrer where it appears from the face of the complaint, N. C. Code, 1931 (Michie), sec. 511 (3), where it does not appear from the face of the complaint by way of answer.

Emry

*29

v. Chappell,

148 N. C., 327.